European UnionThe airline bumped me from my flight due to overbooking. What are my rights?
You have the right to care (meals, refreshments, accommodation if delayed overnight), a choice between reimbursement or re-routing, and fixed compensation — €250–€600 depending on flight distance — unless the airline proves extraordinary circumstances.
What the Law Says
Your rights when denied boarding due to overbooking are set out in EU Regulation 261/2004. This law applies to all flights departing from an EU airport, and to flights arriving in the EU operated by an EU airline.
If you are denied boarding against your will — for example, because the flight is overbooked — the airline must first ask for volunteers to give up their seats in exchange for benefits (like vouchers or cash). If not enough volunteers come forward, the airline may involuntarily deny boarding to passengers.
In such cases, you are entitled to three types of assistance: (1) care (meals, refreshments, two free phone calls/email access, hotel accommodation if an overnight stay is required), (2) a choice between full ticket reimbursement or re-routing under comparable conditions, and (3) fixed monetary compensation — unless the airline can prove 'extraordinary circumstances' that could not have been avoided even with all reasonable measures.
Compensation amounts depend on flight distance: €250 for flights of 1,500 km or less; €400 for intra-EU flights over 1,500 km and all other flights between 1,500–3,500 km; and €600 for all flights over 3,500 km.
Statutory TextWhere reference is made to this Regulation, Article 4(3) shall apply.
— Regulation (EC) No 261/2004, Art. 4(3) — Denied boarding
Statutory TextThe operating air carrier shall pay compensation to passengers denied boarding in accordance with Article 7.
— Regulation (EC) No 261/2004, Art. 4(3) — Denied boarding
Statutory Text€250 for all flights of 1 500 kilometres or less; €400 for all intra-Community flights of more than 1 500 kilometres and for all other flights between 1 500 and 3 500 kilometres; €600 for all flights not falling under (a) or (b).
— Regulation (EC) No 261/2004, Art. 7(1) — Amount of compensation
What Courts Have Said
EU courts have clarified key aspects of Regulation 261/2004, especially regarding 'extraordinary circumstances' and the scope of compensation rights.
The CJEU ruled that passengers whose flights are cancelled or significantly delayed (3+ hours) are entitled to the same compensation as those denied boarding — confirming that Regulation 261/2004 protects against both denial of boarding and long delays.
The CJEU held that compensation is due even if the passenger was re-routed and reached their destination with only a minor delay — the right arises at the moment of denied boarding, not based on final arrival time.
What to Do
Immediately ask the airline for a written confirmation of denied boarding and the reason.
Request care (meals, drinks, calls, and accommodation if needed) — the airline must provide these free of charge.
Choose either a full refund (for unused part of journey) or re-routing at the earliest opportunity — and request it in writing.
Submit a formal compensation claim to the airline within 2 years (deadline varies by Member State, but EU law sets minimum 2-year limitation).
If the airline refuses or doesn’t respond within 2 months, contact your national enforcement body (NEB) — a list is available on the European Commission website.
Sources
Same Question, Other Jurisdictions
Canada
Australia
Ireland
India
Singapore
South Korea
UK
US FederalNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.